Judges: Robert T. Stephan, Attorney General
Filed Date: 5/11/1993
Status: Precedential
Modified Date: 7/5/2016
Donna L. Whiteman Secretary Kansas Department of Social and Rehabilitation Services 915 S.W. Harrison Street Topeka, Kansas 66612
Dear Secretary Whiteman:
In order for the state to be considered for a grant under the child abuse prevention and treatment act (P.L. 100-294) and on behalf of the department of health and human services, you request our opinion concerning two issues:
1. Whether K.S.A. 1992 Supp.
38-1513 (a)(2) can be interpreted to authorize a court to take into consideration a parent's religious objections in deciding whether to order medical treatment for a child who is a ward of the court; and2. Whether all children are subject to the same reporting, investigation, and treatment procedures regardless of the parent's religious beliefs.
K.S.A. 1992 Supp.
"When the health or condition of a child who is a ward of the court requires it, the court may consent to the performing and furnishing of hospital, medical, surgical or dental treatment or procedures, including the release and inspection of medical or dental records. A child, or parent of any child, who is an adherent of a religious denomination whose religious teachings are opposed to certain medical procedures authorized by this subsection may request an opportunity for a hearing thereon before the court. Subsequent to the hearing, the court may limit the performance of matters provided for in this subsection or may authorize the performance of those matters subject to terms and conditions the court considers proper." (Emphasis added).
There are no appellate cases interpreting this section so it is necessary to look at the legislative history in search of any legislative intention. This provision has remained unchanged since it was enacted in 1982. In fact, the original bill contained the same language which came from a study by the judicial council initiated by the legislative coordinating council in 1979. The council lifted this verbage verbatim from K.S.A. 1980 Supp. 38-343(b) (repealed in 1982) which was found in the old juvenile code. Kansas Judicial Council Bulletin, June, 1981, p. 21. When K.S.A. 1980 Supp. 38-343(b) was enacted in 1979, there was no recorded discussion in the committee meetings and it appears to have passed both houses without objection.
A primary rule for the construction of a statute is to find the legislative intent from its language and where the language used is plain and unambiguous, a court should follow the intent as expressed by the words used. Underwood v. Allmon,
This deference to parents who hold these religious beliefs is unwarranted from a legal perspective because the
In response to the second query concerning whether the reporting, investigation, and treatment of children is the same regardless of the religious beliefs of the parent, it is our opinion that there is no difference. K.S.A. 1992 Supp.
Summarizing our opinion, the answer to your first query is that K.S.A. 1992 Supp.
Very truly yours,
ROBERT T. STEPHAN Attorney General of Kansas
Mary Feighny Assistant Attorney General
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